Sankalit Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1248 of 2019 Arising Out of PS. Case No.-40 Year-2017 Thana- DEODHA District- Madhubani ====================================================== Sankalit Mukhiya S/o Ramatar Mukhiya, resident of Village- Rajauli, P.S.- Deodha, District- Madhubani ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Deodha P. S. Case No. 40/17 instituted for the offence under Section(s) 307/326 of the Indian Penal Code. Later on, Section 302 of the IPC was added. Petitioner is the husband of the deceased.

In the written report, there is specific allegation against this petitioner of pouring kerosene oil over the body of the deceased and setting her on fire by match stick. Case diary has been received, wherein, the postmortem report of the deceased is available. Learned APP after looking into the case diary submits that several witnesses have supported the prosecution case. He further submits that in para 24 of the case diary the

Patna High Court CR. MISC. No.1248 of 2019(3) dt.28-03-2019 2/2 mother of petitioner herself has stated that her son (petitioner) had burnt his wife (deceased) and fled away. The doctor has found ante-mortem burn injury on body of the deceased in the postmortem report which supports the allegation against the petitioner.

Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.

Trial Court is directed to expedite the trial. (Sanjay Priya, J) shyambihari/- U T